Tommy Yowell v. Granite Operating Company And Granite Operating Company and Apache Corporation v. Peyton Royalties, L.P.
This text of Tommy Yowell v. Granite Operating Company And Granite Operating Company and Apache Corporation v. Peyton Royalties, L.P. (Tommy Yowell v. Granite Operating Company And Granite Operating Company and Apache Corporation v. Peyton Royalties, L.P.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In The Court of Appeals Seventh District of Texas at Amarillo
No. 07-17-00112-CV
TOMMY YOWELL; GAIL YOWELL; HARRY GRAFF; EL TERCIO, LLC; AND CASUARINA INVESTMENTS, LLC (D/B/A LAR RESOURCES, LLC), APPELLANTS
V.
GRANITE OPERATING COMPANY AND APACHE CORPORATION, AND PAC PRODUCTION CO.; MESA OIL & GAS CORP.; AND CATTALO, LTD., APPELLEES
AND
GRANITE OPERATING COMPANY AND APACHE CORPORATION, APPELLANTS
PEYTON ROYALTIES, L.P.; BAILEY PEYTON, INDIVIDUALLY AND AS TRUSTEE OF THE GEORGE BAILEY PEYTON, IV 2007 GRANTOR RETAINED ANNUITY TRUST NO. 1; AND PEYTON HOLDINGS CORP., APPELLEES
On Appeal from the 31st District Court Wheeler County, Texas Trial Court No. 12,944, Honorable Steven R. Emmert, Presiding
July 26, 2018
DISSENTING OPINION Before CAMPBELL and PIRTLE and PARKER, JJ. It is with the utmost respect that I dissent from the opinion of my learned
colleagues. One can read thousands of opinions regarding complex oil and gas litigation
and never encounter the terms “anti-washout,” “rule against perpetuities,” and “doctrine
of cy pres” in the same opinion. It is the uniqueness of those rarely cited principles that
has caused me to examine so closely the appropriateness of the trial court’s summary
disposition of this dispute. Because the majority affirms the decision of the trial court to
dispose of this dispute, as a matter of law, based upon the rule against perpetuities and
then dismisses consideration of the doctrine of cy pres—I respectfully dissent.
Patrick A. Pirtle Justice
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